72 Hour Notice From Sheriff or Marshall

In order for a tenant to be evicted, there are specific steps that must be taken by a landlord.  In many cases, a notice to the tenant must first be served on the tenant.  Thereafter, a Petition is filed with the Court, a Court date is provided, and the parties will appear in Court.  While

SEXUAL HARASSMENT IN THE WORKPLACE

Federal, state, and some city laws, have been enacted to protect employees from sexual harassment in the workplace.  A party that seeks to recover damages for sexual harassment may do so under two theories: (1) quid pro quo, and/or (2) hostile work environment.  In a sexual harassment claim based on quid pro quo theory, a

Checklist for Office Leases

There are several important issues to consider prior to leasing an office space. Some of these issues are the following: 1. Space: How big is the space? 2. Permissible Use: What can the tenant use the space for? Are there any limits? 3. Lease Terms: Commencement Dates, Rent Abatement, Rights to Terminate 4. Rental Amount:

THE ECONOMICS OF LEGAL PROCEEDINGS

 In deciding on the best course of action for navigating a lawsuit, oftentimes an overlooked aspect is the financial costs to maintain an action.  For example, suppose Company A breaches the clear terms of a contract with Company B, costing Company B to incur damages in the amount of

EVICTIONS IN A FORECLOSURE ACTION

An individual or entity may purchase a foreclosed premise where the original owner is still residing.  It is unlawful for the new owner to take matters into their own hands and forcibly remove them from the premises.  Instead, the new owner must commence legal proceedings to evict the former owner.  However, prior to doing so, the

You’ve been served: What happens after being served with a lawsuit?

WHAT HAPPENS AFTER SERVICE OF A SUMMONS AND COMPLAINT After a Summons and Complaint are filed and served on the Defendant, a Plaintiff is often times anxious to move the case along.  There are three possibilities that will occur after the Defendant receives the Summons and Complaint: (1) serve an Answer; (2) file a motion

Unlawful Evictions

Unlawful Evictions In order for a tenant to be lawfully evicted from a premises, strict procedures must be followed.  A landlord that takes self-help remedies and removes a tenant’s belongings and changes the locks may be liable for triple the damages suffered by the tenant as a result of the landlord’s unlawful eviction.  Accordingly, it

UNDERSTANDING THE EVICTION PROCESS

 It is not uncommon for a tenant to be told by a landlord that they must vacate their residence by a certain date.  When a tenant receives this news they may be anxious, believing that they will be evicted by the date threatened by the landlord.  However,

WHEN CAN YOU RECOVER LEGAL FEES IN A NEW YORK LAWSUIT?

 Since a plaintiff may hire an attorney do to someone else’s wrongdoing, or a defendant may hire an attorney based upon allegations with little veracity, a common question is whether the prevailing party is entitled to counsel fees from the other party.  New York follows the American Rule,

After You File a Lawsuit, When Do You Get To Tell It To A Judge?

 In New York State, the Supreme Court is the trial level court where litigants typically file actions to litigate matters requesting damages in excess of $25,000.00.  For matters seeking damages between $5,000.00 and $25,000.00, in Nassau County and Suffolk County, a litigant would file a claim in the District Court, and

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